VELOGIC LIMITED

TERMS OF USE

1. AGREEMENT

Welcome to Velogic Limited's (referred to as “Velogic”, “us”, “we” or “our”) website (“Website”). Please read these terms and conditions (the “Terms”) carefully as, by accessing and using our Website or subscribing for Services we offer, you will be deemed to have accepted these Terms.

2. GENERAL TERMS

2.1 These Terms apply and operate in addition to (and not in substitution for) our terms of trade which can be found when registering (the “Terms of Trade”). If there is any conflict or inconsistency between these Terms and those set out in our Terms of Trade, then the provisions of our Terms of Trade will prevail.

2.2 If you do not subscribe for Services from Velogic, then these Terms will apply to your use of our Website, the Content, and all of services offered by us on our Website.

3. OUR OBLIGATIONS

3.1 We will provide the Services which you subscribe for with reasonable care and skill and within a reasonable timeframe unless we expressly state otherwise. We do not represent or warrant that the Services offered or supplied by us will:

(a) operate on a continuous or fault free basis; or

(b) at any particular time or location;

(c) be secure or private; or

(d) be free of viruses or other harmful features.

3.2 We will use all reasonable endeavours to restore any service outages as soon as reasonably possible.

3.3 While we endeavour to keep our Website and its Content up to date and accurate, we do not represent or warrant that all Content displayed on our Website is up to date or accurate at all times.

3.4 Velogic will not responsible for:

(a) any device or other equipment which is not owned or supplied by us, and if it is supplied by us, then we are only responsible in accordance with the express terms of supply, or as set out in these Terms;

(b) any use of our services in a manner which is inconsistent with the directions or instructions for use or which is contrary to these Terms or our Terms of Trade.

4. YOUR OBLIGATIONS

4.1 If you use our Website, any Content or our Services, you must:

(a) comply with these Terms as well as the Terms of Trade at all times;

(b) ensure all information you supply to us is current, complete, accurate and is provided in a timely manner;

(c) comply with all applicable laws, regulations, standards and codes including but not limited to the Crimes Act 1961, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Privacy Act 1993;

(d) ensure that anyone who uses our Services as provided to you does so in accordance with these Terms and our Terms of Trade; and

(e) ensure that any Security Information is kept confidential at all times and not disclosed to third parties.

5. USE OF WEBSITE

5.1 You must only use our Website and its Content:

(a) to learn about the Services we offer from time to time;

(b) to subscribe for, use or pay for our Services;

(c) as may be expressly directed in our Website; or

(d) for your own internal business purposes.

5.2 You may use any third party website which we link to via our Website provided that you comply with the relevant third party's terms of use for that website and we are not liable for any content on any third party website.

5.3 In order for you to use our Services, it may sometimes be necessary for us to download software to your device. This may happen automatically when you subscribe for our Services. You acknowledge and agree that:

(a) your right to use that software is limited to the license terms and conditions as may be notified to you by us or one of our third party suppliers at the time the software is downloaded;

(b) if these licence terms are not notified to you or are not contained in the software, then you will receive a personal, revocable and non-transferable licence to use that software solely for use in conjunction with our Services; and

(c) you will not reverse engineer, decompile, reproduce or redistribute the software or any component;

(d) we do not guarantee or warrant that any such software will be compatible with, or will operate on your device; and

(e) we may revoke your right to use any such software at any time by sending you notice to this effect (whether verbally, electronically, or by letter), and upon receipt of such notice, you will immediately cease using or in any way dealing with the software.

5.4 You must not use our Website, the Content or Services:

(a) in breach of any legislative or regulatory provision or for any other unlawful act; or

(b) to damage or disrupt our Website, its Content, or any Services; or

(c) for running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software; or

(d) for introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system.

5.5 We own or otherwise have the right to use the intellectual property rights with respect to the Content, any software supplied by us, and any personal identifiers (including addresses) (collectively “our Intellectual Property”). You acknowledge and accept that we are either the owner, or otherwise have the right to use our Intellectual Property and that you will not assert any claim or interest in or to our Intellectual Property, other than in relation to those rights which are expressly provided to you in these Terms or pursuant to our Terms of Trade.

5.6 You must not copy or reproduce (whether digitally, electronically, by framing or linking, or in hard copy or by any means whatsoever) or in any way use any of our Intellectual Property without our prior written consent, unless such coping, reproduction or use is required for the purpose of using our Services.

6. DISCLAIMERS

6.1 We disclaim any liability in relation to:

(a) the content of any third party website which may be linked to our Website at any time;

(b) information which is obtained from third parties and which we may post on our website at any time;

(c) the acts or omissions of any third parties, in relation to any default by them in relation to the provision of, or access to, our services;

(d) the content of any communication (whether voice, data or otherwise) which you send or receive using our Services; and

(e) any corruption or loss of data or other content which you or anyone else may experience as a result of using our Services.

6.2 We do not represent or warrant that:

(a) you will be able to access and use our Services; or

(b) data or other content which relates to you will be stored indefinitely.

6.3 We may store such data for a reasonable period of time (which may vary depending on the service) and may then delete such data without notice to you and without your prior consent.

7. LIABILITY

7.1 We (including our officers, employees and agents) will not be liable (whether in contract, tort or otherwise whatsoever) to you or any third party claiming through you, for any direct, indirect or consequential damage, loss, cost or expense (including loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising from your use of our Website, its Content, or our Services.

7.2 If a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these Terms, our liability will be limited to the amount of charges and other payments made by you to us in the three month period immediately before the date upon which the event causing your loss occurred.

7.3 In respect of our Services, if any term, condition or warranty is implied into these Terms which by law cannot be excluded, but may be limited, then, subject to that law, our liability in respect of such term, condition or warranty (including to any person claiming through you) is limited, at our option, to either:

(a) resupplying our services on substantially similar terms; or

(b) payment of the cost of having Services supplied on substantially similar terms.

7.4 To the maximum extent permitted by law we exclude all implied representations and warranties in respect of the use of our Website or our Services to the fullest extent permitted by law.

7.5 If you are using our Website or our Services for purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with clauses 23 to 26.

8. PRIVACY

We will comply with our Privacy Policy (displayed separately on our website) and you accept this policy as governing our use of the personal information we receive about you as an individual.

9. AMENDMENTS

You accept that we may change these Terms at any time and that any revised terms and conditions displayed on our Website from time to time will apply to your use of our Website, its Content, and our Services.

10. GENERAL

10.1 You may not assign any of your rights or obligations under these Terms. We may assign our rights and obligations to a third party at any time, without your consent.

10.2 These Terms are governed by and are to be construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand courts.

10.3 If a court of competent jurisdiction rules that any part of these Terms are unenforceable for any reason, then such ruling will not affect the remaining provisions of these Terms which will remain in full force and effect at all times.

10.4 These Terms (together with our Terms of Trade) constitute the entire terms and conditions which are applicable between you and us. Any other documents, statements or other representations are expressly excluded.

11. DEFINED TERMS


Unless the context otherwise requires, in these Terms, the following terms have the following meanings:

"Content" means all text, graphical and other visual content, as well as all audio content and other information contained in our website;

Privacy Policy” means the privacy policy of Velogic as amended from time to time and which is accessible on our website.

"Security Information" means any login, username, password, PIN (Personal Identification Number) or other personalised security information relating to your use of any of our products or services;

Services” means the bicycle fitting subscription services offered by us from time to time; 

"Trademarks" means all of our trademarks, whether registered or unregistered; and

"you" means you our customer, whether an individual, a company, or any other form of entity.